Brisbane builders 7 Prospect Terrace JV’s legal bid to save Hamilton infinity pool

The battle over an infinity pool built as part of a luxurious $10m home has landed in court over alleged development breaches.

The battle over an infinity pool and retaining wall built as part of a luxurious $10m home has landed in court after the builder was accused of breaching development rules.

The legal stoush comes as Brisbane City Council refused to approve the addition of the retaining wall and infinity pool to the development application for the Hamilton home in Brisbane’s north side.

The council refused the retrospective application to include the pool and retaining wall as it determined it had gone against building code requirements for the area.

The Hamilton property overlooks the Brisbane River and city skyline.

The hillside home called “Scorpia” at 25 Grays Rd in Hamilton overlooks the Brisbane River and city skyline.

Built by 7 Prospect Terrace JV, the property is described as “towering above the riverside on an exclusive stretch of Hamilton Hill”.

Part of that exclusivity is the infinity pool and its supporting masonry retaining wall, which sits alongside the northern and western boundaries of the land that fronts onto Grays Rd and Mullens St.

The retaining wall sits about 4.95m above the finished floor level of the basement.

The building company filed an appeal in the Planning and Environment Court on August 15 after Brisbane City Council refused the development application on August 4.

According to the appeal, the amended application was refused because the pool was “incompatible and inappropriate” within the traditional building character overlay.

Brisbane City Council refused an application to include the pool and retaining wall into the development plan.

The council stated in its reasoning that the pool and wall’s “excessive height and bulk” were “inconsistent with the surrounding dwellings that provide a scale and form with a sensitive and appropriate streetscape interface”, according to tendered documents.

The filed appeal notice, which was mentioned in the Land and Environment Court on Wednesday, stated that “the swimming pool is of a height, bulk, scale and form which is tailored to its location and relies on appropriate landscaping to reinforce a distinctive subtropical character”.

“The height and bulk of the swimming pool responds to the nature of adjoining dwellings and the characteristics and constraints of the land,” the appeal notice stated.

“The streetscape comprising Grays Rd and Mullens St has little or no relevant traditional character or traditional building character.”

The exterior of the Scorpia home. Picture: NCA NewsWIRE / John Gass

The legal battle is over an infinity pool and retaining built as part of the luxurious $10m home. Picture: NCA NewsWIRE / John Gass

The matter was adjourned to September 13 to allow both parties to participate in mediation ordered by the court.

This is the second time 7 Prospect Terrace JV has tried to apply for a change application to incorporate the pool into the house approval.

Its December 2021 application was refused by Brisbane City Council on March 24 last year, according to court documents.

Brisbane City Council had ordered the retaining walls be modified, or the pool removed, after an enforcement notice was issued on January 20.

The building company is owned by Queensland builders Andrew Gray, his brother Robert and their dad Stuart.

It’s understood the property sold for $10m in May.